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F.R. CARROLL, INC. v. TD BANK, N.A.

Docket: Yor-10-55.

8 A.3d 646 (2010)

2010 ME 115

F.R. CARROLL, INC. v. TD BANK, N.A.

Supreme Judicial Court of Maine.

Decided: November 9, 2010.

Attorney(s) appearing for the Case

David M. Hirshon, Esq. , Marshall J. Tinkle, Esq. , Tompkins, Clough, Hirshon & Langer, P.A., Portland, ME, for TD Bank, N.A.

Debra L. Brown, Esq. , Law Offices of Debra L. Brown, P.A., Portland, ME, for F.R. Carroll, Inc.

Panel: ALEXANDER, LEVY, SILVER, MEAD, and JABAR, JJ.

JABAR, J.

[¶ 1] This case comes to us following cross-motions for summary judgment. In ruling on the motions, the District Court (Springvale, Douglas, J.) concluded that F.R. Carroll, Inc. had completed paving work on a construction project with TD Bank, N.A.'s "consent," as that term is used in 10 M.R.S. 3251 (2009). Consequently, F.R. Carroll's mechanic's lien was given priority over the Bank's mortgage on property owned by Village Station, LLC. On appeal...

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